After the Biden administration attempted to apply federal statute to supersede an Idaho law protecting unborn life, the Supreme Court chose to dismiss Idaho’s challenge to the combined cases in question and allow emergency abortions to take place in the state.
While proponents on both sides of the abortion debate have voiced their opinions on the matter, the decision of the court not to rule is concerning for reasons other than the ethical dilemma of abortion. The court had another serious question before it: Does the federal government have the ability to intervene in state law in this situation?
Nearly two years ago, a lower court issued a preemptive ban on Idaho’s Defense of Life Act as it pertained to allowing emergency procedures under the Emergency Medical Treatment and Labor Act (EMTALA), which requires hospital emergency rooms to accept patients even if they don’t have…
